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作者:[Anonymous]
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作者:Abashidze, A. Kh.; Ilyashevich, M. V.; Solntsev, A. M.
作者单位:Peoples Friendship University of Russia
摘要:On April 19, 2016, in The Case Concerning the Resolution of the Question of the Possibility to Execute in Accordance with the Constitution of the Russian Federation the Judgment of the European Court of Human Rights of 4 July 2013 in the Case of Anchugov and Gladkov v. Russia in Connection with the Request of the Ministry of Justice of the Russian Federation (Anchugov & Gladkov (Russ.)), the Constitutional Court of the Russian Federation (Constitutional Court) held that decisions of the Europe...
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作者:Dunoff, Jeffrey L.; Pollack, Mark A.
作者单位:Pennsylvania Commonwealth System of Higher Education (PCSHE); Temple University; Pennsylvania Commonwealth System of Higher Education (PCSHE); Temple University; Pennsylvania Commonwealth System of Higher Education (PCSHE); Temple University
摘要:International tribunals confront a Judicial Trilemma. More specifically the states that design, and the judges that serve on, international courts face an interlocking series of tradeoffs among three core values: (1) judicial independence, the freedom of judges to decide cases on the facts and the law; (2) judicial accountability, structural checks on judicial authority found most prominently in international courts in reappointment and reelection processes; and (3) judicial transparency, mech...
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作者:Glucksmann, Eloise
作者单位:Universite Paris-Pantheon-Assas
摘要:The law in France regarding waivers of foreign state (or sovereign) immunity from execution of judicial judgments (based largely on consideration of international law principles) has recently undergone significant developments. Previously, French case law had required a foreign state's waiver of immunity from execution to be both express and specific to consider valid the attachment of foreign state property allocated to public services (including bank accounts used for the functioning of both...
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作者:[Anonymous]
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作者:[Anonymous]
摘要:On October 7, 2016, following months of tense interactions between the United States and Russia regarding hacks of high-profile U.S. political organizations, the Department of Homeland Security and Office of the Director of National Intelligence (DNI) issued a joint statement formally accusing Russia of using cyberattacks to influence the U.S. election process. Reports suggest that Russia intended to use the hacks and subsequent information dump to help then-candidate Donald Trump win the pres...
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作者:de Burca, Grainne
作者单位:New York University
摘要:Human rights in general and the international human rights system in particular have come under increasing attack in recent years. Quite apart from the domestic and global political events since 2016, including an apparent retreat from international institutions, the human rights system has in recent times come in for severe criticism from academic scholars. Amongst the various criticisms levelled have been: (1) the ineffectiveness and lack of impact of international human rights regimes, (2) ...
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作者:Mohay, Agoston; Toth, Norbert
作者单位:University of Pecs; Ludovika University of Public Service
摘要:In a case of first impression, the Constitutional Court of Hungary (CCH or Court) ruled on November 30, 2016 that, in exceptional cases, it is competent to consider whether Hungary's obligations to the European Union (EU) violate fundamental individual rights (including human dignity) or Hungarian sovereignty as protected by the Hungarian Constitution. The decision places Hungary squarely within the growing group of EU member states whose constitutional courts have decided that, despite the de...
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作者:[Anonymous]
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作者:Amann, Diane Marie
作者单位:University System of Georgia; University of Georgia
摘要:In this trio of decisions, the International Court of Justice (ICJ or Court) rejected applications in which a small island state claimed that three larger states known to possess nuclear weapons had breached their international obligations to undertake and conclude negotiations leading to nuclear disarmament. 1 The Republic of the Marshall Islands, the Court acknowledged, had been the location of repeated nuclear weapons testing from 1946 to 1958, when the United States administered the archip...